Vietnam: New regulations for managing digital medical data

09 Jun 2025    1 minute read
Digital Medical Data Decree 102

In brief

On 13 May 2025, the government issued Decree No. 102/2025/ND-CP ("Decree 102"), regulating the management of medical data. Decree 102 regulates various aspects of digital medical data, including the formation, development, protection, administration, processing and use of digital medical data; the National Medical Database; and the responsibilities of relevant agencies, organizations and individuals in managing digital medical data.

Decree 102 will take effect on 1 July 2025.

Contents

Key takeaways

  • Decree 102 defines digital medical data as digital data reflecting various aspects of the medical sector, such as information on medical examinations and treatments and information about health insurance.
  • Decree 102 has an extraterritorial governing scope, which can broadly apply to any entities directly involved in or related to digital medical data activities in Vietnam. Onshore and offshore companies collecting and processing their employees' or customers' medical data in Vietnam could theoretically fall under Decree 102's purview.
  • Decree 102 imposes a strict consent requirement on the processing, exploitation and use of personal medical data, with a narrow exemption granted to state authorities when acting in the public interest or for community health purposes. Arguably, the broader consent exemptions under the Personal Data Protection Decree (e.g., contract performance) may not apply in this context, based on the rule of law application where regulations diverge.
  • Decree 102 incorporates certain provisions of the Data Law by reference, such as those relating to cross-border data transfer and risk assessment. It remains uncertain whether these referenced provisions will apply directly to companies or if their applicability depends on whether the entities first meet the threshold conditions outlined in the Data Law.

Conclusion

The issuance of Decree 102 signifies a clear reinforcement of the authorities' stringent approach to data management. Given that Decree 102 will take effect on 1 July 2025, it is imperative for companies to take the necessary steps to ensure compliance.

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Tuan Linh Nguyen, Government Affairs Manager contributed to this legal update

Contact Information
Manh Hung Tran
Partner at BakerMcKenzie
Hanoi
tmh@bmvn.com.vn
Huu Tuan Nguyen
Special Counsel at BakerMcKenzie
Ho Chi Minh City
huutuan.nguyen@bmvn.com.vn
Huyen Minh Nguyen
Associate at BakerMcKenzie
Hanoi
huyenminh.nguyen@bmvn.com.vn

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